New England Transportation Co.

National Labor Relations Board - Board Decisions

Jun 23, 1950

90 N.L.R.B. 539 (N.L.R.B. 1950)

In the Matter of NEW ENGLAND TRANSPORTATION COMPANY, EMPLOYER
and AMALGAMATED ASSOCIATION OF STREET N ELECTRIC RAILWAY &
MOTOR COACH EMPLOYEES OF AMERICA, LOCAL NO. 988, AFL, PETI-
TIONER
Case No.1-RC-1103.Decided June 23,1950
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National Labor
Relations Act, a hearing was held before Dale Vincent, hearing officer.
The hearing officer's rulings made at the hearing are free from
prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-member
panel [Chairman Herzog and Members Houston and Styles].
Upon the entire record in this case, the Board finds :
1. The Employer is engaged in commerce within the meaning of
the Act.
2. The labor organization involved claims to represent employees
of the Employer.
3. A question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
The Petitioner seeks a unit of all dispatchers at the Employer's Fall
River and Worcester, Massachusetts, and Providence, Rhode Island,
bus terminals, excluding office and clerical employees, professional
employees, guards, and all supervisors as defined in the Act. In the
event that the Board finds that a separate unit of dispatchers is inap-
propriate, the Petitioner desires that the requested employees be added
to the existing unit of operating employees which it currently repre-
sents. The Employer contends that the dispatchers whom the Peti-
tioner seeks to represent are supervisors and that the proposed unit
is therefore, inappropriate.
The Employer employs five dispatchers at the terminals involved
herein, two at Fall River, one at Worcester, and two at Providence.
Dispatchers are under the general supervision of a division superin-
tendent at Providence. They are paid a weekly wage based on a 40:-
90 NLRB No. 91.
539
540 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
hour week with overtime pay for work in excess of 40 hours, and do not
receive sick leave. In the event of absence due to illness or vacations,
dispatchers are replaced by an assistant transportation foreman or
assistant supervisor.
The dispatchers at Fall River work in a small booth which is located
centrally between the two main driveways of the terminal and over-
looks the loading platform. Their primary duty is to dispatch busses
according to schedule, and to. determine the number of drivers needed
and the busses to be used by the various bus drivers. In addition they
have various related clerical duties, including the keeping of records
and log books in accordance with State and Federal regulations. Dis-
patchers may, in their own discretion, cancel bus trips in inclement
weather; they assign equipment, and arrange for replacement of busses
in the event of mechanical failures or accidents. Dispatchers approve
the time cards of the bus drivers and on occasion may require drivers
and terminal employees to work overtime. Although they report
infractions of rules by drivers and other employees, the record estab-
lishes that they have no authority to hire, discharge, or discipline
employees or effectively to recommend such action. At Worcester,
the dispatchers' booth is located inside the terminal. The duties of the
dispatcher at this terminal are virtually identical to those of the dis-
patchers at Fall River, except that he also sells tickets. At Provi-
dIence, where the superintendent's headquarters are located, the duties
of dispatchers are also substantially similar to those at Fall River,
except that at Providence the assignment of runs is almost exclusively
determined by the division superintendent.
As noted above, the dispatchers possess no authority to take disci-
plinary action or effectively to recommend such action. If the Em-
ployer's contention that they are supervisors has merit, it can only
be based upon: a funding that the dispatchers responsibly direct the
work of the bus drivers in a manner requiring the exercise of inde-
pendent judgment. We believe that the record before us does not
warrant such a finding. By their very nature the dispatching of
busses and the assignment of bus runs, and of drivers to such runs,
which are the principal duties of the dispatchers, are normally routine
matters. The record in this case does not indicate that, except for
emergencies, the situation is otherwise here. It appears that if the
dispatchers exercise true independent judgment, it is with respect
to the handling of equipment, including the withdrawal of such equip-
ment from service whenever mechanical conditions require. But this
does not, in itself, involve the responsible direction of other employees.
Under all the circumstances, we conclude and find, that the dispatchers
are not supervisors within the meaning of the Act.
NEW ENGLAND TRANSPORTATION COMPANY 541
There remains for consideration the question of whether dispatchers
should be included in the same unit with the operating employees,
currently represented by the Petitioner, or should constitute a sep-
arate appropriate unit. Upon the basis of the instant record, and
in view of the fact that the duties and interests of dispatchers are
closely related to those of the bus operators, we find that they may, if
they so desire, be represented in the same unit with the Employer's
other operating employees. However, as the dispatchers have not
previously been included in the unit of operating employees, we
shall make no final unit determination with respect to their pending
the outcome of the election herein directed among them. If they
select the Petitioner as their bargaining representative, they will be
taken to have indicated their desire to be included in the existing
unit of operating employees and the Petitioner may bargain for them
as part of such unit.
4. Accordingly, .we shall direct an election in the following voting
group:
All dispatchers at the Employer's Fall River and Worcester, Massa
chusetts, and Providence, Rhode Island, bus terminals, excluding office
and clerical employees, professional employees, guards, and all super-
visors as defined in the Act.
DIRECTION OF ELECTION
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early-as possible, but not later than
30 days from the date of this Direction, under the direction and super-.
vision of the Regional Director for the Region in which this case was
heard, and subject to Sections 203.61 and 203.62 of National. Labor
Relations Board Rules and Regulations, among the employees in the
unit found appropriate in paragraph numbered 4, above, who were
employed during the payroll period immediately preceding the date
of this Direction of Election, including employees who did not work
during said payroll period because they were ill or on vacation or
temporarily laid off, but excluding those employees who have since
quit or been discharged for cause and have not been rehired or rein-
stated prior to the date of the election, and also excluding employees
on strike who are not entitled to reinstatement, to determine whether
or not they desire to be represented, for purposes of collective bar-
gaining, by Amalgamated Association of Street Sc Electric Railway
& Motor Coach Employees of America, Local No. 988, AFL.